Area of expertise

Insurance Law

  • Builders Warranty
  • Dust & Toxic Tort
  • General Insurance
  • Property & Industrial Special Risk Claims
  • Public & Product Liability
  • Construction & Engineering Insurance
  • Recoveries
  • Investigations
  • Business Interruption Claims

Andrew Toogood

Partner LLB, BCom, LLM, Accredited Specialist in Commercial Litigation

office Sydney
phone +61 2 9234 4656
email atoogood@moray.com.au

Andrew has 15 years’ experience acting for Australian and international insurers and risk carrying corporations in a wide variety of insurance matters and injury liabilities litigation.

Andrew has successfully handled dust disease and toxic tort claims, coverage disputes, product and public liability claims, construction disputes, commercial litigation and recovery actions.

Andrew’s expertise in these areas is recognised by the Law Society of New South Wales with his Specialist Accreditation in Commercial Litigation.

Andrew also has familiarity with the regulatory regime for medical devices and therapeutic goods having recently acted for five officers of the Therapeutic Goods Administration in multiple proceedings relating to the propriety of their exercise of regulatory powers under the Therapeutic Goods Act 1989 (Cth). The proceedings also included successfully defending a $150 million class action, the largest therapeutic goods recall in Australia’s history, which triggered the collapse of Pan Pharmaceuticals.

Andrew regularly presents papers covering topics such as liability and negligence under the Civil Liability Act 2002 (NSW), the proportionate liability regime, and the new Competition and Consumer Act 2010 (Cth) and associated Australian Consumer Law.

Andrew’s mock file answers were adopted by the Law Society of New South Wales Specialist Accreditation Committee as the definitive model for the Commercial Litigation Accreditation course.

Andrew has presented many papers to insurers on practical claims handling, investigation of fraudulent claims, partly covered claims, proportionate liability, and the Insurance Contracts Act. He has lectured on insurance law at the University of Wollongong.

Andrew has extensive experience in obtaining excellent recovery outcomes, particularly in relation to dust disease matters and large-scale property damage.

Published Articles

THE DOOR REOPENS: LOT OWNER CLAIMS AGAINST OWNERS CORPORATIONS

Legal Directions

McElwaine v The Owners – Strata Plan 75975 [2017] NSWCA 239 The NSW Court of Appeal has resurrected the potential for…

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Builder’s duty not owed to subsequent purchasers

Legal Directions

Two recent Supreme Court of NSW judgments have determined that a builder does not owe a common law duty of care…

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Bailment and the proportionate liability regime – rough waters?

Legal Directions

Cambridge v Anasatasopoulos [2012] NSWCA 405 The proportionate liability regime was applied to liability under bailment in this recent NSW Court…

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Professional Membership

  • Australian Insurance Law Association
  • Law Society of New South Wales